Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From Mexico: Final Results of Antidumping Duty Administrative Review; 2018-2019, 41448-41450 [2021-16396]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 86, Number 145 (Monday, August 2, 2021)]
[Notices]
[Pages 41448-41450]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16396]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-847]


Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From 
Mexico: Final Results of Antidumping Duty Administrative Review; 2018-
2019

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) finds that the 
producers/exporters subject to this administrative review did not make 
sales of subject merchandise at less than normal value during the 
period of review (POR) September 1, 2018, through August 31, 2019.

DATES: Applicable August 2, 2021.

FOR FURTHER INFORMATION CONTACT: David Goldberger or David Crespo, AD/
CVD Operations, Office II, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-4136 or (202) 
482-3693, respectively.

SUPPLEMENTARY INFORMATION:

Background

    This review covers 11 producers/exporters of the subject 
merchandise. Commerce selected two companies, Maquilacero S.A. de C.V. 
(Maquilacero) and Productos Laminados de Monterrey S.A. de C.V. 
(Prolamsa) (collectively, the mandatory respondents), for individual 
examination. The producers/exporters not selected for individual 
examination are listed in Appendix II.
    On January 26, 2021, Commerce published the Preliminary Results.\1\ 
We invited interested parties to comment on the Preliminary Results.\2\ 
On March 8, 2021, Nucor Tubular Products Inc. (i.e., the domestic 
interested party) and Maquilacero filed case briefs. On March 17, 2021, 
the domestic interested party, Maquilacero, and Prolamsa filed rebuttal 
briefs. On April 8, 2021, we postponed the final results until July 23, 
2021.\3\ For a description of the events that occurred since the 
Preliminary

[[Page 41449]]

Results, see the Issues and Decision Memorandum.\4\
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    \1\ See Heavy Walled Rectangular Welded Carbon Steel Pipes and 
Tubes from Mexico: Preliminary Results of Antidumping Duty 
Administrative Review; 2018-2019, 86 FR 7067 (January 26, 2021) 
(Preliminary Results), and accompanying Preliminary Decision 
Memorandum (PDM).
    \2\ Id.
    \3\ See Memorandum, ``Extension of Deadline for the Final 
Results of the 2018-2019 Antidumping Duty Administrative Review,'' 
dated April 8, 2021.
    \4\ See Memorandum, ``Issues and Decision Memorandum for the 
Antidumping Duty Administrative Review: Heavy Walled Rectangular 
Welded Carbon Steel Pipes and Tubes from Mexico; 2018-2019,'' dated 
concurrently with, and hereby adopted by, this notice (Issues and 
Decision Memorandum).
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    Commerce conducted this administrative review in accordance with 
section 751 of the Tariff Act of 1930, as amended (the Act).

Scope of the Order

    The products covered by the order are heavy walled rectangular 
welded steel pipes and tubes from Mexico.\5\ Products subject to the 
order are currently classified under the Harmonized Tariff Schedule of 
the United States (HTSUS) item number 7306.61.1000. Subject merchandise 
may also be classified under 7306.61.3000. Although the HTSUS numbers 
and ASTM specification are provided for convenience and for customs 
purposes, the written product description remains dispositive.
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    \5\ For a full description of the scope of the order, see Issues 
and Decision Memorandum.
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Analysis of the Comments Received

    All issues raised in the case and rebuttal briefs are listed in 
Appendix I to this notice and addressed in the Issues and Decision 
Memorandum. The Issues and Decision Memorandum is a public document and 
is on file electronically via Enforcement and Compliance's Antidumping 
and Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at https://access.trade.gov. In 
addition, a complete version of the Issues and Decision Memorandum can 
be accessed directly at https://enforcement.trade.gov/frn/.

Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties regarding our Preliminary Results, we made certain 
changes to the weighted-average dumping margin calculations for 
Maquilacero and Prolamsa, and the companies not selected for individual 
review, for the final results.\6\
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    \6\ See Issues and Decision Memorandum.
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Final Results of the Review

    We are assigning the following weighted-average dumping margins to 
the firms listed below for the period September 1, 2018, through August 
31, 2019:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                     Producers/exporters                        dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Maquilacero S.A. de C.V.....................................        0.00
Productos Laminados de Monterrey S.A. de C.V................        0.00
Companies Not Selected for Individual Review \7\............        0.00
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Review-Specific Rate for Companies Not Selected for Individual Review
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    \7\ Under section 735(c)(5)(A) of the Act, the all-others rate 
is normally ``an amount equal to the weighted average of the 
estimated weighted-average dumping margins established for exporters 
and producers individually examined, excluding any margins that are 
zero or de minimis margins, and any margins determined entirely {on 
the basis of facts available{time} .'' For these final results, we 
have calculated weighted-average dumping margins for Maquilacero and 
Prolamsa that are zero, and we have not calculated any margins which 
are not zero, de minimis, or determined entirely on the basis of 
facts available. Accordingly, we have assigned to the companies not 
individually examined a margin of zero percent. The exporters/
producers subject to this review, but not selected for individual 
review, are listed in Appendix II.
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    The dumping margins for the exporters or producers not selected for 
individual review are listed in Appendix II.

Disclosure

    Commerce intends to disclose the calculations performed in 
connection with these final results to interested parties within five 
days of the date of publication of this notice, in accordance with 19 
CFR 351.224(b).

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR 
351.212(b)(1), Commerce has determined, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries of subject merchandise in accordance with the final results of 
this review.
    Pursuant to 19 CFR 351.212(b)(1), where Maquilacero and Prolamsa 
reported the entered value of their U.S. sales, we calculated importer-
specific ad valorem duty assessment rates based on the ratio of the 
total amount of dumping calculated for the examined sales to the total 
entered value of the sales for which entered value was reported. Where 
Prolamsa did not report entered value, we calculated the entered value 
in order to determine the assessment rate. Where either the 
respondent's weighted-average dumping margin is zero or de minimis 
within the meaning of 19 CFR 351.106(c)(1), or an importer-specific 
rate is zero or de minimis, we will instruct CBP to liquidate the 
appropriate entries without regard to antidumping duties. For the 
companies which were not selected for individual review, because we are 
assigning these companies an assessment rate based on the cash deposit 
rate calculated for Maquilacero and Prolamsa,\8\ we will instruct CBP 
to liquidate these entries without regard to antidumping duties. The 
final results of this review shall be the basis for the assessment of 
antidumping duties on entries of merchandise covered by the final 
results of this review.\9\
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    \8\ This rate was calculated as discussed in footnote 7, above.
    \9\ See section 751(a)(2)(C) of the Act.
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    Commerce's ``automatic assessment'' practice will apply to entries 
of subject merchandise during the POR produced by Maquilacero or 
Prolamsa for which the reviewed companies did not know that the 
merchandise they sold to the intermediary (e.g., a reseller, trading 
company, or exporter) was destined for the United States. In such 
instances, we will instruct CBP to liquidate unreviewed entries at the 
all-others rate if there is no rate for the intermediate company(ies) 
involved in the transaction.\10\
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    \10\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
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    We intend to issue liquidation instructions to CBP no earlier than 
41 days after the date of publication of the final results of this 
review in the Federal Register, in accordance with 19 CFR 356.8(a).

Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results of this administrative review, as provided by section 
751(a)(2)(C) of the Act: (1) The cash deposit rate for each specific 
company listed above will be equal to the weighted-average dumping 
margin that is established in the final results of this review, except 
if the rate is less than 0.50 percent and, therefore, de minimis within 
the meaning of 19 CFR 351.106(c)(1), in which case the cash deposit 
rate will be zero; (2) for previously reviewed or investigated 
companies not covered in this review, the cash deposit will continue to 
be the company-specific cash deposit rate published for the most 
recently completed segment in which the company was reviewed; (3) if 
the exporter is not a firm covered in this review, a prior review, or 
the original less-than-fair-value (LTFV)

[[Page 41450]]

investigation, but the producer is, then the cash deposit rate will be 
the cash deposit rate established for the most recently completed 
segment of this proceeding for the producer of the subject merchandise; 
and (4) the cash deposit rate for all other producers or exporters will 
continue to be 4.91 percent, the all-others rate established in the 
LTFV investigation.\11\ These deposit requirements, when imposed, shall 
remain in effect until further notice.
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    \11\ See Heavy Walled Rectangular Welded Carbon Steel Pipes and 
Tubes from the Republic of Korea, Mexico, and the Republic of 
Turkey: Antidumping Duty Orders, 81 FR 62865, 62866 (September 13, 
2016).
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Notification to Importers

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in Commerce's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3), which continues to govern 
business proprietary information in this segment of the proceeding. 
Timely written notification of return/destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and the terms of an APO is a sanctionable 
violation.

Notification to Interested Parties

    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5).

    Dated: July 22, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Margin Calculations
V. Discussion of the Issues

General Issues

    Comment 1: Deduction of 232 Duties

Issues Related to Maquilacero

    Comment 2: Alleged Error in Calculating Quarterly Cost of Hot-
rolled Coil (HRC)
    Comment 3: Adjustment to Costs for Non-Prime Products
    Comment 4: Adjustment to Maquilacero's Scrap Offset

Issues Related to Prolamsa

    Comment 5: Home Market Level of Trade (LOT) and Constructed 
Export Price (CEP) Offset
    Comment 6: Overrun Sales Outside the Ordinary Course of Trade
    Comment 7: Errors in the Application of U.S. Freight Revenue
    Comment 8: Claimed Inventory Adjustment to Raw Material Costs
    Comment 9: Error in Standard Cost Adjustment
    Comment 10: Change in Average Useful Life (AUL) of Certain 
Assets
    Comment 11: Calculation of General and Administrative (G&A) 
Expense Ratio
    Comment 12: Adjustment to Prolamsa's Scrap Offset
VI. Recommendation

Appendix II

    Review-Specific Rate Applicable to Companies Not Selected for 
Individual Review: \12\
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    \12\ For these final results, we have calculated weighted-
average dumping margins for Maquilacero and Prolamsa that are zero, 
and we have not calculated any margins which are not zero, de 
minimis, or determined entirely on the basis of facts available. 
Accordingly, we have assigned to the companies not individually 
examined a margin of zero percent. See section 735(c)(5)(A) of the 
Act.

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Exporter or producer                        dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Arco Metal S.A. de C.V......................................        0.00
Forza Steel S.A. de C.V.....................................        0.00
Industrias Monterrey, S.A. de C.V...........................        0.00
Perfiles y Herrajes LM S.A. de C.V..........................        0.00
PYTCO S.A. de C.V...........................................        0.00
Regiomontana de Perfiles y Tubos S.A. de C.V................        0.00
Ternium S.A. de C.V.........................................        0.00
Tuberia Nacional, S.A. de C.V...............................        0.00
Tuberias Procarsa S.A. de C.V...............................        0.00
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[FR Doc. 2021-16396 Filed 7-30-21; 8:45 am]
BILLING CODE 3510-DS-P